What Is Legal to Ask in Job Applications?
Employers typically hire the most qualified applicant for the job, but determining who is the best candidate can be tricky. While employers are allowed to ask about work experience and hours of availability, other topics are off-limits during the application process. Knowing what can be asked on a job application will help avoid legal issues down the road.
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Application Structure
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Most job applications have several sections. They include basic information such as the applicant's name, address, email and phone numbers. The next section typically asks for past work experience and hours of availability. The final section typically details a consent form for background checks and drug tests as pre-employment requirements, if the job is offered.
What Can Be Asked
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Employers can ask whether the applicant is physically and mentally capable of performing the job duties for the open position if reasonable accommodations are provided. This lets applicants with disabilities answer the questions as well.
An employer can ask about work experience and length of employment at each place.
An employer can ask for on the job and personal references.
An employer can ask about the applicants scheduling availability to ensure that the applicant will be able to work the hours needed by the business.
Convictions can be asked for, but individual state laws detail what can be asked regarding crime. In most states, the employer can ask whether the applicant has been convicted of a felony.
Employers can ask if the applicant speaks fluent English, if speaking fluent English is essential to be able to perform the available job.
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What Not to Ask
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Employers cannot ask about pregnancies, family plans, age, nationality, parents' birth place or religious affiliations. They cannot ask any question that violates the U.S. Equal Employment Opportunity Commission. They can and should ask about pertinent work experience or education as it relates to the position's duties.
Regarding Legal Status
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While employers cannot ask about an applicant's nationality, the employer does have a right to ascertain the applicant's right to work in the United States. Questions about being able to show proof of legal work status if offered the job are legitimate and legal to include on the application.
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References
- Photo Credit employment image by Pavel Vlasov from Fotolia.com
